Mogoeng Mogoeng

Mogoeng Mogoeng (born Mogoeng Thomas Reetsang Mogoeng, 14 January 1961 in Zeerust, North West Province, South Africa)^[1] is a judge in the Constitutional Court of South Africa. President Jacob Zuma announced Mogoeng as his preferred candidate to fill the vacant post of Chief Justice of South Africa and his appointment was confirmed on 8 September 2011.^[2][3]

Jurisprudence

Constitutional expert Pierre de Vos has referred to Mogoeng as the most conservative member of the court, pointing to ambivalence over gay rights in Le Roux and Others v Dey and a "deferential" approach to the executive in The Citizen and Others v Robert McBride.^[4] Mogoeng's appointment led to the role of the Judicial Service Commission (JSC) in the process being called into question.^[5]

Mogoeng has ruled for reduced sentences in child rape trials, stating that the non-violent nature of the rape negates the seriousness of the offense:

"One can safely assume that [the accused] must have been mindful of [the victim's] tender age and was thus so careful as not to injure her private parts, except accidentally, when he penetrated her. That would explain why the child was neither sad nor crying when she returned from the shop, notwithstanding the rape. In addition to the tender approach that would explain the absence of serious injuries and the absence of serious bleeding, he bought her silence and cooperation with Simba chips and R30." ^[6]

Mogoeng has been accused by the Nobel Women's Initiative of invoking dangerous myths about rape, and of blaming victims.^[7]

The 2005 case of State v Moipolai involved the rape of an 8 months pregnant woman by her long-term boyfriend and father of her two other children. Justice Mogoeng reduced a sentence of 10 years imprisonment to 5 years and he stated here that the rape was not as “serious” as it would have been had a stranger committed it.^[8]

The 2001 case of State v Mathebe saw Mogoeng reduce the sentence from two-years to a fine of R4,000, for a man who tied his girlfriend to his car and dragged her 50m along a dirt road. Mogoeng said the man had been "provoked".^[9]

References

v t e Constitutional Court of South Africa Constitution Hill, Johannesburg Current Justices Mogoeng Mogoeng (Chief Justice) Dikgang Moseneke (Deputy Chief Justice) Edwin Cameron Johan Froneman Chris Jafta Sisi Khampepe Bess Nkabinde Thembile Skweyiya Johann van der Westhuizen Zak Yacoob Raymond Zondo Former Justices Lourens Ackermann Arthur Chaskalson John Didcott Richard Goldstone Johann Kriegler Pius Langa Tholie Madala Ismail Mahomed Yvonne Mokgoro Sandile Ngcobo Kate O'Regan Albie Sachs Lists of judgments 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Law of South Africa Constitution of South Africa Courts of South Africa Judiciary of South Africa

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